(v) Reduced nine-year tap sampling revocation. If a
water system with a nine-year tap sampling schedule adds a new source
of water, changes any water treatment, or no longer meets the requirements
of this subparagraph, the water system must notify the executive director
in writing within 60 days of the change as required by §290.39(j)
of this title (relating to General Provisions). The executive director
has the authority to modify the reduced nine-year tap sampling schedule
to address changes.
(vi) Notification of change in lead or copper materials.
If a system on reduced nine-year tap sampling becomes aware that the
system is no longer free of lead-containing or copper-containing materials,
the system shall notify the executive director in writing no later
than 60 days after becoming aware of such a change. If the system
met both the lead and the copper action levels in all previous lead
and copper tap sampling results, the system must return to three-year
tap sampling schedule contained in subparagraph (C) of this paragraph.
(vii) Tap sampling frequency sequence. Subsequent rounds
of sampling, after a return to routine monitoring, must be collected
once a year, every three years, or every nine years, as required by
this section.
(E) Alternate months for reduced lead and copper tap
sampling. The executive director may approve a different period, other
than June through September, for systems conducting reduced lead and
copper tap sampling. Such a period shall be no longer than four consecutive
months and must represent a time of normal operation where the highest
levels of lead are most likely to occur. For a nontransient, noncommunity
water system that does not operate during the months of June through
September, and for which the period of normal operation where the
highest levels of lead are most likely to occur is not known, the
executive director shall designate a period that represents a time
of normal operation for the system. This sampling shall begin during
the period designated by the executive director in the calendar year
immediately following the end of the second consecutive six-month
monitoring period for systems initiating annual monitoring and during
the three-year period following the end of the third consecutive calendar
year of annual monitoring for systems initiating three-year reduced
monitoring.
(F) Tap sampling monitoring period. For systems on
annual or less frequent schedules, the end of the monitoring period
is September 30 of the calendar year in which the sampling occurs,
or if the executive director has established an alternate monitoring
period, the last day of that period.
(G) Return to initial/routine tap sampling frequency.
The executive director shall determine whether a system continues
to meet the requirements to remain on reduced annual, three-year,
or nine-year monitoring. A system on reduced monitoring may be required
to return to routine monitoring as described in subparagraph (A)(i)
of this paragraph. Systems required to return to routine monitoring
shall sample at the number of routine sites listed in the table entitled
"Required Number of Lead and Copper Tap Sample Sites" under paragraph
(1) of this subsection.
(H) Replacement tap samples. The water system must
collect replacement samples for any samples invalidated under subsection
(h) of this section. Any such replacement samples must be collected
as soon as possible, but no later than twenty days after receiving
notification of sample invalidation approval from the executive director.
If a water system discovers that a sample has been collected at an
inappropriate sampling site, the water system may request in writing
that the sample be invalidated. The replacement samples shall be taken
at the same locations as the invalidated samples or, if that is not
possible, at locations other than those with valid results for the
monitoring period.
(I) Nontransient, noncommunity systems with less than
five taps. A nontransient, noncommunity system that has fewer than
five drinking water taps meeting the sample site criteria of this
paragraph must collect at least one sample from each tap and then
must collect additional samples from those same taps on different
days during the monitoring period to meet the required number of samples
unless the system has received a five-tap waiver from the executive
director under paragraph (1)(F) of this subsection.
(3) Consumer sampling for lead action level exceeders.
Water systems that exceed the lead action level must arrange to sample
the tap water of any customer who requests it. Analytical costs may
be borne by the consumer.
(d) Lead and copper entry point sampling. Systems must
perform entry point lead and copper sampling after the system exceeds
a lead or copper action level, installs source water treatment, or
exceeds any MPLs set by the executive director. Systems must routinely
monitor lead and copper in conjunction with monitoring for inorganic
contaminants other than asbestos or nitrate under §290.106 of
this title (relating to Inorganic Contaminants).
(1) Lead and copper entry point sampling locations.
Systems required to perform entry point sampling under this subsection
shall sample at every entry point to the distribution system including
purchased water entry points. The system shall take each subsequent
sample at the same sampling point unless conditions make another sampling
point more representative of each source or treatment plant. The system
must seek executive director approval to modify an entry point sample
location, and must revise its monitoring plan.
(2) Lead and copper entry point sampling frequency.
If a system draws water from more than one source and the sources
are combined before distribution, the system must sample at an entry
point to the distribution system during periods of normal operating
conditions when water is representative of all sources being used.
(A) Entry point lead and copper sampling after an action
level exceedance. Any system which exceeds the lead or copper action
level shall collect one sample from each entry point no later than
180 days after the end of the monitoring period during which the lead
or copper action level was exceeded. For systems on annual or less
frequent schedules, the end of the monitoring period is September
30 of the calendar year in which the sampling occurs, or if the executive
director has established an alternate monitoring period, the last
day of that period.
(B) Entry point lead and copper sampling for systems
that meet the action levels. A system is not required to conduct entry
point lead and copper sampling if the system meets the lead and copper
action levels during the entire entry point sampling period.
(C) Entry point lead and copper monitoring frequency
after installing source water treatment. Any system that installs
source water lead or copper removal treatment shall collect entry
point samples during two consecutive six-month periods within 36 months
after source water treatment begins.
(D) Entry point lead and copper sampling frequency
after specification of MPLs. A system shall monitor at the frequency
specified below.
(i) Starting the year after the executive director
specifies MPLs, water systems using any surface water shall collect
annual samples once during each calendar year.
(ii) Starting the year after the executive director
specifies MPLs, a water system using only groundwater shall collect
samples once during the three-year compliance period in effect at
that time. Such systems shall collect samples once during each subsequent
compliance period. Triennial samples shall be collected every third
calendar year.
(iii) A water system using only groundwater may sample
entry points every ninth year if the system meets one of the following
criteria.
(I) The entry point lead and copper levels are below
the lead and copper MPLs during at least three consecutive compliance
periods; or
(II) The executive director has determined that source
water treatment is not needed and the system demonstrates that, during
at least three consecutive annual or three-year compliance periods,
the concentration of lead in source water was less than or equal to
0.005 mg/L and the concentration of copper in source water was less
than or equal to 0.65 mg/L.
(iv) A water system using surface water (or a combination
of surface water and ground water) may reduce the lead and copper
entry point monitoring frequency to once during every ninth year if
the system meets one of the following criteria:
(I) The entry point lead and copper levels are below
the MPLs for lead and copper for at least three consecutive years;
or
(II) The executive director has determined that source
water treatment is not needed and the concentration of lead at all
entry points was less than or equal to 0.005 mg/L and the concentration
of copper at all entry points was less than or equal to 0.65 mg/L
during at least three consecutive years.
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